Excerpt: ...t asserts causes of action for (1) breach of written contract and (2) quantum meruit. Plaintiff alleges that the parties entered into a Tax Consulting Agreement (“Agreement”) pursuant to which Defendants authorized Plaintiff to identify and obtain tax benefits not claimed with the Internal Revenue Service (“IRS”) and the California Franchise Tax Board on behalf of Defendants. In exchange, Defendants agreed to pay Plaintiff 20%[1] of the t...

Excerpt: ... and (3) fraudulent inducement – concealment. On June 18, 2018, parties' counsel represented to the Court that the parties reached a settlement and recited the terms of the settlement agreement in open court. LEGAL STANDARD A prevailing buyer in a lawsuit under the Song-Beverly Act is entitled to recover reasonable attorney fees: “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part...

Excerpt: ... Inc. (“Madu”); Security Pacific Associates, Inc. (“SPA”); Elvira Buffoni (“Buffoni”); Nicola Vietina (“Nicola”); and Gianni Vietina (“Gianni”) on July 3, 2019. The Complaint asserts causes of action for (1) breach of employment contract against Madu and SPA (collectively, “Corporate Defendants”), (2) retaliation – whistleblower protection against Corporate Defendants, (3) wrongful discharge in violation of public policy...

Excerpt: ...s. Plaintiff and Defendant entered into a loan agreement (“Loan Agreement”) pursuant to which Plaintiff loaned Defendant $40,000. Under the terms of the Loan Agreement, Plaintiff agreed to provide Defendant with payments of $10,000 on August 16, October 10, November 10, and December 10, 2016. In exchange, Defendant agreed to repay Plaintiff a total of $40,444 by March 10, 2018. Despite Plaintiff's repeated requests, Defendant failed to pay th...

Excerpt: ...Inc.. Plaintiff asserts causes of action for defamation per se and false light. In Alonzo's cross-complaint, Alonzo, alleges that Mahvash, and other Cross-Defendants, battered and assaulted Alonzo because he was picketing the business and practices of the business. In Neyaz Mazani's (“Neyaz”) cross-complaint, Neyaz alleges that Alonzo assaulted and stalked her. The action came on regularly for trial on May 7, 2018. On May 29, 2018, the Court ...

Excerpt: ...(“DVWI”); MaxPro Leasing, LLC (“MaxPro”); AKT Enterprises, LLC (“AKT”); Technijian, Inc. (“Technijian”); Brandon Brooks (“Brooks”); Greg Bisel (“Bisel”); and Amnon Band (“Band”). Plaintiffs are in the business of leasing and, at the end of the lease, purchasing film equipment, and providing such equipment to film and television production companies in Latin America. Defendants were brokers who helped Plaintiffs obtain ...

Excerpt: ...nvestments Company, Simon Neman and Neman Real Estate Investments, LLC (collectively, “Defendants”) related to a property located on East Pico Boulevard in Los Angeles. Plaintiffs allege seventeen causes of action arising out of the warranty of habitability, negligence, and various statutory violations in the third amended complaint (“TAC” filed 7/5/18). On October 10, 2018, the Court sustained Defendants' demurrer without leave to amend ...

Excerpt: ...nto on January 28, 2012. Plaintiffs allege that various defects and nonconformities manifested in the subject vehicle, and that Plaintiffs contacted Defendant to request that their vehicle be repurchased or replaced, but were informed that the vehicle did not qualify for repurchase or replacement under the Song-Beverly Act. Plaintiffs assert a cause of action for violation of the Song-Beverly Act. ANALYSIS Plaintiffs Jacinto Talamante and Victori...

Excerpt: ...the sale of a 2016 Chevrolet Suburban. ANALYSIS CCP §2030.250 provides, “(a) The party to whom the interrogatories are directed shall sign the response under oath unless the response contains only objections. (b) If that party is a public or private corporation, or a partnership, association, or governmental agency, one of its officers or agents shall sign the response under oath on behalf of that party…(c) The attorney for the responding pa...

Excerpt: ...��) arising out of an alleged retention agreement for legal representation. Plaintiff alleges four causes of action including: (1) breach of written contract; (2) account stated; (3) open book account and (4) quantum meruit. OBJECTIONS The Court rules on the Defendants' objections as follows: 1. OVERRULED. ANALYSIS California Code of Civil Procedure, section 437c(c): “The motion for summary judgment shall be granted if all the papers submitted ...

Excerpt: ....; and Immediate Medical Group of Lakewood, Inc. (collectively, “Defendants”). Plaintiff alleges seventeen causes of action relating to alleged violations of FEHA for discrimination, harassment and retaliation and alleged violations of the Cal. Labor Code. ANALYSIS A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. (Picton v. An...

Excerpt: ...ing a promissory note. Plaintiffs allege the following causes of action in their First Amended Complaint, filed on October 4, 2018: (1) breach of contract; (2) breach of contract re: guaranty; (3) fraud; (4) reformation of contract; (5) common counts; (6) breach of contract; (7) fraud; and (8) common count. ANALYSIS A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's a...

Excerpt: ...oject located at 720 W. Washington Blvd. Los Angeles. On September 21, 2018, Defendant and Cross Complainant JAG Architects, Inc. (“Cross Complainant”) filed a first amended complaint against Cross Defendants Santa Maria Group, Inc., Fallbrook Development Company, LLC, Fallbrook Capital Securities Corporation, and Fallbrook Companies LLC (collectively, “Cross Defendants”). The causes of action alleged are (1) implied indemnity; (2) equita...

Excerpt: ...s two causes of action: (1) fraud and (2) breach of contract. ANALYSIS The moving party on a motion to compel further responses to requests for production of documents (RFPs) must submit “specific facts showing good cause justifying the discovery sought by the inspection demand.” (CCP § 2031.310(b)(1).) If the moving party has shown good cause for the RFPs, the burden is on the objecting party to justify the objections. (Kirkland v. Sup.Ct (...

Excerpt: ...uding: (1) breach of written contract; (2) breach of fiduciary duty; (3) dissolution of partnership; (4) accounting; and (5) declaratory relief. Plaintiffs causes of action arise out of an alleged partnership agreement titled “JL Brands & Integral Innovations Merger Business Agreement”. On October 30, 2018, Defendants Jonathan Pierce and JL Brands LLC filed a cross complaint against Plaintiffs alleging (1) breach of written contract; (2) brea...

Excerpt: ...a of America Manufacturing, Inc.; Honda R&D Co., Ltd; Honda R&D Americas, Inc.; Honda Research Institute Japan Co., Ltd; Honda Research Institute USA, Inc.; Honda Engineering North America, Inc.; Honda Engineering Co. Ltd; Yokohama Tire Corporation of America; Yokohama Corporation of North America; Yokohama Rubber Company; and Does 1-100. Plaintiffs subsequently Doed in Yokohama Corporation of America, The Yokohama Rubber Co., Ltd., Diamond Honda...

Excerpt: .... Plaintiffs allege ten causes of action against all Defendants for (1) misclassification as an independent contractor; (2) declaratory relief; (3) failure to pay wages upon separation; (4) failure to provide itemized wage statements; (5) unfair business practices; (6) failure to pay overtime; (7) failure to provide meal and rest breaks; (8) Claim brought under Labor Code § 2699; (9) failure to pay statutory minimum wage; and (10) violation of L...

Excerpt: ...nd Pro”); Direct Video Warehouse, Inc. (“DVWI”); MaxPro Leasing, LLC (“MaxPro”); AKT Enterprises, LLC (“AKT”); Technijian, Inc. (“Technijian”); Brandon Brooks (“Brooks”); Greg Bisel (“Bisel”); and Amnon Band (“Band”). Plaintiffs are in the business of leasing and, at the end of the lease, purchasing film equipment, and providing such equipment to film and television production companies in Latin America. Defendants w...

Excerpt: ...ender; (2) retaliation; (3) hostile work environment; (4) failure to take all reasonable steps necessary to prevent discrimination, retaliation and harassment; (5) violation of labor code §1102.5; (6) negligent supervision, hiring and retention; (7) intentional infliction of emotional distress; and (8) wrongful discharge in violation of public policy. Trial is currently set for September 4, 2018. ANALYSIS The court may allow, in furtherance of j...

Excerpt: ...yment was governed by IWC Order No. 5-2001 and 8 CCR § 11050, which regulate the “Public Housekeeping Occupations” industry. On April 25, 2018, the action came on regularly for trial before a jury. After hearing the evidence and arguments, the jury was duly instructed by the Court and the case was submitted to the jury with directions to return a verdict on whether Plaintiff was exempt from overtime pay or was not exempt. The jury found that...

Excerpt: ...llenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. (Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal. App. 4th 726, 732.) The court must treat as true all of the complaint's material factual allegations, but not contentions, deductions or conclusions of fact or law. (Id. at 732–33.) The complaint is to be construed liberally to determ...

Excerpt: ...ed March 22, 2018 arise from comments made by Defendant David Greene (“Greene”) during a press interview taken on January 20, 2017 regarding Eagle Rock Neighborhood Council hearings on the subject of an application for a Conditional Use Permit to develop the Bekin Estate located at 1554 Hill Drive in the Eagle Rock neighborhood of Los Angeles (“The Property”) in 2016. (Greene Decl., ¶ 9, Exh. B). Plaintiff, who is employed as a Los Angel...

Excerpt: .../2016. Plaintiff asserted eleven causes of action against Valley Emergency Physicians Medical Group, Inc.; Dignity Health, Inc. and Shannon Bernal including (1) defamation; (2) Violation of Health and Safety Code §1278.5; (3) Business and Professions Code §510; (4) Labor Code §98.6 and 1102.5; (5) Adverse Action in Violation of Public Policy; (6) California Family Rights Act; (7) Discrimination; (8) Retaliation; (9) Failure to Provide Meal and...

Excerpt: ... from the performance stage and into the crowd, striking Plaintiff and causing injuries and damages, including a stroke. Plaintiff asserts <00480046004e004f004800 004a0044004c00510056>t Defendants Moore and Lost Boys Touring, Inc. (“Moore Defendants”); and Defendants Belasco Entertainment Theater, Inc., and Belasco Unlimited Corporation (“Belasco Defendants”). ANALYSIS On motion of any party who has engaged in a timely exchange of expert ...

Excerpt: ...Twentieth Century Fox Film Corporation (“Fox”). Further Plaintiff's claim arises out of employment related interactions with Defendants Zwissig and Associates, LLC, and Jack Zwissig (collectively “Zwissig Defendants”.) The Court previously sustained the Zwissig Defendants' demurrer to the third and fourth causes of action to the Complaint. Plaintiff filed a First Amended Complaint (“FAC”) on May 24, 2018. Plaintiff alleges the followi...